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clam up and ask for an attorney. he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of watertown in parti
authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
. that was a controversial thing at the time. people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among other things, in t
, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that happens from the moment they pi
in that ambulance and they have to start really talking to him. he's going to have to be on a miranda warning then they're going start to have the process of getting some preliminary statements from him. one thing they may do in a case like this is to get a public safety statement. sometimes that can be done beforehand to say the we need to know about what danger might be out there. is there a bomb in the boat? are there any other explosives hidden somewhere else? is there anything that creates a hazard. at that point he'll get his medical treatment at the hospital to determine how viable he is to be questioned. and then d on his condition maybe presented for a hearing in federal court where they'll start the outline of what he is charged with. in the meantime that has to do with the suspect. that boat is a grand new crime scene. that means that they will have to process that. the bomb squad will have to go in it, go over it and make sure there's no devices, explosives or anything or weapons inside and then ert, the evidence response team, will have to process that boat for evidence. >> pelle
can he be questioned before the public safety runs out, most say 48 hours. once under miranda he is under no obligation to cooperate with authorities. >> remember the number one goal right here is to get inside his head and get whatever intelligence he has with any operatives in the united states to protect the homeland and protect americans inside the united states. >> reporter: speaking this morning on fox news, former u.s. attorney general alberto gonzales suggested being mirandized will not necessarily close off the flow of information from tsnaraev. >> we have something we can give him which is his life. for example, taking the death penalty off the i believe at that. there is possible some kind of deal would be made where he provides information and in exchange for that the government gives him some kind of a plea agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, ma
but in the beginning he will not be given the usual miranda warning about the right to remain silent. instead, the government will invoke a rule that allows questioning a suspect without giving advice of rights. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism and so the government has that opportunity right now. >> reporter: the government invoked the same rule in the case of the so-called underwear bomber. as in his case it allows questioning to learn of any potential plots or accomplices that could present a continuing threat. >> the first questions the fbi will focus on are specific threats that he might be aware of likely are there any other improvised explosive devices, other people working in the network. the sorts of things that go directly to whether or not there's a continuing threat to public safety. >> reporter: he'll face charges brought by the justice department because terrorism is a federal crime with a trial in a regular civilian court. and as in other high profile terrorism cases, some republicans in congre
suspect as enemy combat tant. remember, he wasn't read his miranda rights. what would it mean? and why is it important? the constitutional attorney will weigh in on this when we come back. morning, brian! loveour passat! um. listen, gary. i bought the lt one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gett' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance
is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only
the time, the suspect is arrested he is read his miranda rights wu yo have the right to be silent, you have a right to an attorney. when he was captured last night he was not read his rights. we're asking why and what it could mean. welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com >>> all right. i want to bring the live pictures now from m.i.t. it's from that m.i.t. officer, sean collier, 26-year-old old. there's the memorial service going on. we saw the hearse earlier. we had a moment of silence for him as i was going down the street. thousands 0 people are showing up. the 26-year-old officer lost his life on saturday -- on friday during a chase and then also it is believed that the
of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states, the plot said to have an alleged connect
okayed the suspension of the suspect's miranda rights. is that a temporary suspension? >> reporter: yes, by law it is. it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrog
been officially given his miranda rights. meanwhile and of those victims one was buried today in. >> reporter: one week after the bombings several the suspects word acted the suspects acted alone and it was to the reason for the bombings was due to religious beliefs. earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have
to know and interrogate him at this point without reading him his miranda rights. i want you to meet a former deputy assistant director of the fbi's counterterrorism division. you handled practically every high profile case of bombing that we've seen in this country, including the unabomber case and the olympic bombing. thanks so much for being with us. >> good morning, jamie, you're welcome. >> we had chance to talk in the middle of the night the other night. >> we did. >> now we can reflect. we have the suspect in custody. it seems to me this is a huge investigation still, even though there's tons of evidence. you have multiple crime scenes, multiple devices, and a million questions. what will the fbi want to know first? >> well, now the investigation really gets underway, and we talked last night in the middle of the night about the search for the subjects, but now we're really going to focus in on how did these people live? how did they exist? what were they doing in the months and the years preceding these bombings, and particularly in the weeks and days before they actually com
-value suspects is standing by to question him. officialsofficials have said thl not read him his miranda right, invoking the rare public safety exception. dozens remain hospitalized. the death toll is 3 people from the bombing and 1 others wiewbed. they are also believed to have shot a police officer, marking a forth killing. "fox news sunday" is right after america's news headquarters, and there will be more on boston police commissioner. the investigation enters a new phase as agents focus on getting answers from dzhokhar tsarnaev to questions like and how why and continuing to investigate whether anyone else was involved. michael sullivan is very familiar with these kinds of investigations, he is a former u.s. attorney who prosecuted would-be shoe bomber richard reid. thank you for joining us today. >> you're welcome, shannon. >> shannon: put on your legal cap for the first couple of questions. how do you think it's appropriate to best treat the suspect to really bar future legal challenges against any information that the government could get from him at this point and stay within the conf
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
they plan to question him without first reading his miranda rights, here's what sources tell abc news senior justice correspondent, mr. thomas. >> taking an extraordinary step because there could be an imminent threat out there. they said there's deep, deep concern about the amount of ammunition, guns and work being bombs these men had. they were so disciplined. >> but any evidence of accomplices or another sleep are cell? >> right now no evidence of a broader plot involving more people here but law enforcement officials said they cannot take that chance. the investigation hopes to find out the question -- the answer to that very question. >> an abrams said the u.s. supreme court has recognized a limited exception to it's miranda ruling when police or the public are in imminent danger. >>> a new folk hero has emerged out of the terrible weekend. his name is dave hannaberry. he is the guy who found the suspect in his boat in his backyard. the internet is all abuzz to send him a giant thank you gift. here's abc news reporter gio. >> it's the now famous little boat that kept a big secret. the u
of people have been talking about miranda and the public safety exception. i don't want to spend a lot of time on that. when the police announced that the public threat was over, once dhokhar was taken into custody, then, you know, doesn't that suggest that the public safety exception doesn't kick in or has been nullified? >> the public safety exception is in no way in my view applicable in the case. that was designed for a sequestration where there was a gun in a public place and the police needed to know where it was. >> judge jeanine: he had an empty who willster an holesters where is the gun. now, if a judge agrees to assign a public defender, is he then able to come in or she and say i don't want you talking to my client? >> he or she can say that. it is not going stop this process. because what they are trying to do is to collect intelligence. and i'm sure that if that is what they are trying to do they will simply continue to do it and gather only in it tell against and not disclose it to anybody who is working on the case or trying the case. they will put up what is called a ch
dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the way. may god b
to answer this first, chris. let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly
should happen to boston bombing suspect dzhokhar tsarnaev. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got b
are told he had not been given his miranda rights. do you have any sense of whether he has this morning or how soon it will be before he does receive them? >> the -- the decision not to read miranda rights was made by the federal officials. this is a unique clause to the terrorism law that we've not dealt with at the local level before. so, we are standing by and watching that at this point in time to see how that develops. but, the lawyers are involved in the decision, and certainly we're very anxious to talk to him, and the investigators will be doing that as soon as possible. >> commissioner over the weekend i heard you say you believe you found evidence your offices did you believe that these brothers were planning some kind of another attack, or at least prepared for it. tell us about that. >> the two suspects were armed with handguns at the scene of the shoot-out. and there were multiple explosive devices, including a large one that was similar to the pressure cooker device that was found on boylston street. i saw that with my own eyes. i believe that the only reason that someone
part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of the narrative that re
tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened. >> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you because we have homeland security secr
was given his miranda rights? >> we don't know as of yet. he has been read his miranda rights. but we don't know if this information came before or after. as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev.
of the boat. >> no miranda warning, do you want to explain that to us. > that is a federal issue. >> what was the question? >> there was no miranda warning given they were claiming a public safety exception. >> there is a public safety exemption involving acts of terrorism. so the government has the opportunity, right now. i believe that the suspect has been taken to a hospital. thank you. yes? i'm sorry? >> are you going to seek the death penalty? >> this is still an active, ongoing investigation. we're going to be reviewing up of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of the department of justice that makes that final decision. i'm sorry? karen? >> can you talk a little bit about when you were on the scene, was he moving around? how did you know it was a chance to take him into custody? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of info
that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not rea. .ights no miranda warning >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the thoughnity right now, i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] this is still an ongoing investigation. we will be reviewing all of the evidence. before that canada decision is made, in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, on process that is engaged. it is the attorney general of the department of justice that make that final decision. [indiscernible] you. can talk about what happens when you are on the scene, was he moving around? how did you know there was a chance to take him into custody at th? >> we know he did not go straight to the goat area on the set up a perimeter with the best intentions with a lot of information. we found blood behind the house inside the perimeter. we had information that he had .otten outside th
they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order to keep america safe, and all
Search Results 0 to 30 of about 31 (some duplicates have been removed)